Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of Mysto ("Platform", "we", "us", or "our"), an online store builder operated by Mysto Technologies, India. By registering or using the Platform, you ("Merchant", "you", or "your") agree to be bound by these Terms. Please read them carefully before using our services.

These Terms also incorporate our Privacy Policy available at mysto.shop/privacy. If you do not agree with these Terms, please do not access or use the Platform.

1. Definitions

"Platform"

means the Mysto website (mysto.shop), mobile application, and all related services collectively.

"Merchant"

means any person or entity that registers on the Platform to create and manage an online store.

"Store"

means the online storefront created by a Merchant using the Platform.

"Customer"

means any person who visits or purchases from a Merchant's Store.

"Services"

means all features, tools, and functionalities offered by Mysto including store creation, payment processing facilitation, and related tools.

"Subscription Plan"

means the pricing tier (Free, Standard, or Premium) selected by the Merchant.

"Content"

means all text, images, product descriptions, prices, and other materials uploaded or published by a Merchant on their Store.

"Transaction"

means any purchase made by a Customer on a Merchant's Store.

"Payment Gateway"

means the third-party payment processing service integrated with the Platform (currently Razorpay).

2. Eligibility

To use the Platform, you must:

• Be at least 18 years of age.
• Be a resident of India or operate a business registered in India.
• Have the legal authority to enter into binding agreements.
• Provide accurate and complete registration information.
• Not be barred from receiving services under applicable Indian law.

If you are registering on behalf of a business entity, you confirm that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

You must create an account to access the Services. You agree to provide accurate, current, and complete information during registration.

You are responsible for maintaining the confidentiality of your account credentials. Do not share your password with anyone.

You are fully responsible for all activities that occur under your account.

You must notify us immediately at [email protected] of any unauthorized access or security breach.

We reserve the right to suspend or terminate accounts that violate these Terms.

We may disable your account if we believe, in our sole discretion, that you have violated any provision of these Terms.

4. Subscription Plans and Billing

Mysto offers the following subscription plans:

• Free Plan: Available at no cost with limited features and up to 5 products. Mysto branding will appear on your store.
• Standard Plan: Available at the listed price on the pricing page. Includes additional features and higher product limits.
• Premium Plan: Available at the listed price on the pricing page. Includes all Standard features plus advanced tools including custom code injection.

Billing Terms:

• Paid plans are billed on a yearly or monthly basis as selected at the time of purchase.
• All prices are in Indian Rupees (INR) and inclusive of applicable taxes unless stated otherwise.
• Subscription fees are non-refundable except as required by applicable law or as stated in our refund policy.
• If you choose auto-renewal, your subscription will automatically renew at the end of each billing period. You will be charged the then-current subscription fee.
• We reserve the right to change subscription pricing with 30 days prior notice. Continued use after the notice period constitutes acceptance of the new pricing.
• Failure to pay subscription fees may result in suspension or termination of your account.

5. Merchant Responsibilities

As a Merchant on the Platform, you agree to:

• Ensure all product descriptions, prices, images, and other content displayed on your Store are accurate, complete, and not misleading.
• Comply with all applicable Indian laws including the Consumer Protection Act 2019, Information Technology Act 2000, and GST regulations.
• Maintain a clear and fair refund and return policy for your Customers.
• Fulfil orders promptly upon confirmation of payment.
• Respond to Customer queries and complaints in a timely manner.
• Ensure that the products and services you sell are legal and do not fall under the prohibited items listed in Section 10.
• Maintain proper GST registration and comply with applicable tax obligations.
• Not misrepresent your identity, business, or the nature of products or services offered.
• Promptly notify us of any changes to your business details including name, address, bank account, or ownership.

6. Platform Services

Mysto provides a technology platform that enables Merchants to create and manage online stores. We are a platform provider and do not endorse any Merchant, product, or service.

We facilitate payment processing through third-party payment gateways. Payment processing is subject to the terms of the respective payment gateway provider.

We may integrate third-party services including shipping providers, analytics tools, and marketing services. Your use of such services is subject to their respective terms.

We do not guarantee uninterrupted access to the Platform and may perform maintenance that temporarily restricts access. We will endeavour to provide advance notice where possible.

Features available to you depend on your subscription plan. We reserve the right to add, modify, or remove features from any plan with reasonable notice.

The "Powered by Mysto" badge will be displayed on all Free plan stores. This badge can be removed by upgrading to a paid plan.

7. Payment Processing

Mysto integrates with Razorpay and other payment gateway providers to facilitate payments. By using payment features, you also agree to the terms of the respective payment gateway.

We do not store your customers' payment card details. All payment data is handled securely by the payment gateway provider.

Settlement of funds to your bank account is subject to the payment gateway's settlement schedule and policies.

You are responsible for any chargebacks, disputes, or refunds arising from Transactions on your Store.

We are not liable for any failed payments, payment delays, or payment gateway outages.

8. Content and Intellectual Property

You retain ownership of all Content you upload to your Store. By uploading Content, you grant Mysto a non-exclusive, royalty-free licence to display and use such Content to provide the Services.

You represent and warrant that you own or have the necessary rights to all Content you publish, and that such Content does not infringe any third-party intellectual property rights.

All rights, title, and interest in the Platform, its design, software, and branding are owned by Mysto. You may not copy, reproduce, or distribute any part of the Platform without our prior written consent.

We may use your store name and logo for promotional purposes such as case studies or testimonials only with your prior consent.

You must not use our trademarks, logos, or brand assets without explicit written permission.

9. Data and Privacy

Our collection and use of personal data is governed by our Privacy Policy available at mysto.shop/privacy.

You are responsible for maintaining the privacy and security of your Customers' data collected through your Store.

You must have a clear and compliant privacy policy on your Store that informs Customers how their data is used.

We may use aggregated and anonymised data from Platform usage for analytics and product improvement purposes.

Upon termination of your account, we may retain data as required by applicable law.

10. Prohibited Activities

See our full banned items list for an indicative (non-exhaustive) list of products and services that may not be listed on Mysto.

You may not use the Platform to sell, promote, or facilitate:

• Illegal goods or services under Indian law.
• Counterfeit, pirated, or unauthorised replica products.
• Adult content, pornographic material, or sexually explicit products.
• Weapons, firearms, ammunition, or explosives.
• Illegal drugs, narcotics, or controlled substances.
• Tobacco, alcohol, or products requiring age verification without proper compliance.
• Products that infringe on intellectual property rights of third parties.
• Pyramid schemes, multi-level marketing, or fraudulent investment opportunities.
• Endangered species or their derivatives.
• Any product or service that violates applicable Indian law or regulations.

You also agree not to:

• Use the Platform for any unlawful purpose or to violate any applicable laws.
• Attempt to gain unauthorised access to the Platform or other users' accounts.
• Upload malicious code, viruses, or any harmful software.
• Use automated tools to scrape, crawl, or extract data from the Platform.
• Impersonate any person or entity or misrepresent your affiliation.
• Interfere with or disrupt the integrity or performance of the Platform.
• Use the Platform to send spam or unsolicited communications.

11. Refunds and Cancellations

Subscription fees paid to Mysto are generally non-refundable.

If you cancel your paid subscription, you will retain access to the paid features until the end of your current billing period.

After cancellation, your account will revert to the Free plan.

We may offer refunds at our sole discretion in exceptional circumstances such as technical errors or duplicate charges.

Refunds for Transactions between Merchants and their Customers are the sole responsibility of the Merchant.

To request a refund from Mysto, contact [email protected] within 7 days of the charge.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mysto, its directors, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your Content or products sold through your Store; (d) any dispute between you and your Customers; or (e) your violation of any applicable law or third-party rights.

13. Limitation of Liability

To the maximum extent permitted by law, Mysto shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.

Our total liability to you for any claim arising from these Terms shall not exceed the amount you paid to Mysto in the three months preceding the claim.

We do not guarantee that the Platform will be error-free, uninterrupted, or free from security vulnerabilities.

We are not liable for any loss of data, revenue, profits, or business resulting from use of or inability to use the Platform.

We are not responsible for the actions or content of Merchants or their Customers on the Platform.

14. Termination

You may terminate your account at any time by contacting [email protected] or through the account settings.

We may suspend or terminate your account at any time if we believe you have violated these Terms, without prior notice.

Upon termination, your right to use the Platform and access your Store will immediately cease.

We may retain your data for a period as required by law after termination.

Provisions that by their nature should survive termination will survive, including intellectual property rights, indemnification, and limitation of liability.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a notice on the Platform.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance.

If you do not agree to the revised Terms, you must stop using the Platform and cancel your subscription.

We also reserve the right to modify, suspend, or discontinue any part of the Platform at any time with reasonable notice.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of India.

Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through mutual discussion within 30 days.

If the dispute cannot be resolved amicably, it shall be subject to arbitration under the Arbitration and Conciliation Act, 1996.

The seat of arbitration shall be Kerala, India and proceedings shall be conducted in English.

Subject to arbitration, the courts of Kerala shall have exclusive jurisdiction.

17. Miscellaneous

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right.

Entire Agreement: These Terms constitute the entire agreement between you and Mysto regarding the Platform.

Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

Force Majeure: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control including natural disasters, government actions, or internet outages.

18. Contact Us

If you have any questions, concerns, or complaints about these Terms, please contact us:

• Email: [email protected]
• Website: mysto.shop
• Grievance Officer: Available at mysto.shop/contact

We aim to respond to all queries within 2 business days.